CLP ECO BUILDING FUND -------------- -------------- Guide to Application -------------- -------------- (Latest Version on 9 January 2017) Business Strategy & Innovation Customer & Business Development CLP Power Hong Kong Limited 7/F, Shamshuipo Centre 215 Fuk Wa Street Sham Shui Po Kowloon Hotline: 2678 0322 Fax: 2678 6673 E-mail: clpecobldgfund@clp.com.hk 1
1. INTRODUCTION Energy efficiency and conservation is a very important concept in the combat against climate change and the pursuit of a sustainable environment. A key effort in this regard is to enhance the energy efficiency of our city s buildings, such that their energy costs can be reduced, and a brighter future ensured for the community over the long term. CLP Power Hong Kong Limited (CLP) is fully committed to the promotion of energy efficiency. The setting up of the CLP Eco Building Fund (the Fund) under the 2013 Interim Review of Scheme of Control Agreement (SCA) with the HKSAR Government is a major leap towards achieving greater energy efficiency in the community. This initiative aims to help eligible residential buildings and their nearby ancillary facilities (e.g. clubhouse, gym room, podium, property management office) to implement energy-efficiency improvement works with a special funding granted on a 50/50 matching basis. CLP will pay into the Fund with the financial-incentive payments it will receive under the energy-efficiency incentive mechanism outlined in its SCA, in respect of the company s performance from 2014 until the expiry of the current term of the SCA. 1.1. Purpose of this Guide This document explains in detail how qualified parties (Applicants) can apply for funding of energy-efficiency enhancement projects (Projects) involving a building under their care. It also describes the basic responsibilities of applicants and recipient organisations. Upon funding approval of a particular Project by the CLP Eco Building Fund Vetting Committee (Vetting Committee), recipient organisations will sign an agreement (Funding Agreement) with CLP, undertaking to observe the terms and conditions of use of the allocated grant. 1.2. Scope of Funding The Fund will contribute towards improvement works for enhancing the energy efficiency of building services installations designated for communal use in the residential buildings and their nearby ancillary facilities under application. The installations may include any of the following: lighting electrical (e.g. water pump) air-conditioning lift and escalator, etc. 2
2. APPLICATION PROCESS 2.1. Eligibility The following entities are eligible to apply for the Fund: Owners Corporations registered under the Building Management Ordinance (Cap. 344) Owners organisations (e.g. Owners Committee) Residents organisations (e.g. Mutual Aid Committee) A property management company or a Qualified Service Provider as specified in paragraph 2.10.1 can also submit an application on behalf of any of the above, with their authorization. Exclusions: Buildings located outside CLP s supply area Estates owned more than 50% by the Hong Kong Housing Authority or Hong Kong Housing Society Government quarters Applicant organisations or buildings that have previously received funding from the Fund 2.2. Application Categories a) Single Block applications from single-block residential buildings b) Multiple Block applications from estates or buildings comprising more than one residential block. A higher proportion of the Fund has been allocated for Single Block applications, although this allotment may change in accordance with needs. 2.3. Priority Priority will be given to buildings fulfilling the following criteria: single-block residential buildings; aged; without ancillary facilities (e.g. clubhouse); have not previously received funding for similar purposes (e.g. from Buildings Energy Efficiency Funding Scheme offered by the Government); 3
conducted an energy audit or similar assessment / applied for Comprehensive Scheme or Energy Use Aspect of Selective Scheme under BEAM Plus Scheme; to implement Projects with higher energy saving effectiveness (See paragraph 2.11. for more details) 2.4. Funding Mechanism Funding will be granted to successful applicants on a 50/50 matching basis. In other words, the Fund will contribute 50% of the approved total actual expenditure of each Project. Regardless of whether it is a Single Block or Multiple Block application, funding will be subject to a ceiling of HK$500,000 per building and HK$1,000,000 per application, to be disbursed as a reimbursement, i.e. the recipient organisation must settle payment on its own before seeking reimbursement from the CLP Eco Building Fund. Effective from 13 February 2015, if the approved total actual expenditure of the Project (excluding the cost of engaging Qualified Service Provider) is HK$100,000 or below, full subsidy will be provided to the cost of engaging Qualified Service Provider, subject to a ceiling of HK$10,000 and approval from the Vetting Committee. 2.5. Examples 2.5.1. An application covering 1 residential block is subject to a funding limit of 1 times HK$500,000. An application covering 2 or more residential blocks is subject to the funding limit of 2 times HK$500,000. 2.5.2. The funding limit of HK$500,000 per residential block also covers ancillary facilities that physically form part of that building, e.g. a clubhouse. Thus, for an application covering 1 residential building with in-house ancillary facilities, the funding limit is 1 times HK$500,000. 2.5.3. In the case of residential buildings with nearby ancillary facilities that do not physically form part of them, e.g. a standalone clubhouse, funding for those facilities, all together, is subject to a cap of HK$500,000. Thus, for an application covering 1 residential block with 1 or more detached nearby 4
ancillary facilities, the maximum allowable funding is 2 times HK$500,000. 2.5.4. In view of the complicated residential building infrastructure in Hong Kong, the Vetting Committee will consider eligibility and funding limits on a case-by-case basis, should there be applications that fall outside the above categories. 2.6. Project Timeline Improvement works must commence within the 12 months following a Project s approval date, and be completed no later than 24 months from the same date. 2.7. How to apply Interested parties must complete an application form (Application Form), which can be downloaded from the CLP website: www.clp.com.hk/ecobuildingfund Please submit the completed Application Form to CLP at least 4 months before the commencement of the Project: Business Strategy & Innovation Customer & Business Development CLP Power Hong Kong Limited 7/F, Shamshuipo Centre 215 Fuk Wa Street Sham Shui Po Kowloon (Application for CLP Eco Building Fund) Information brochures are available at: CLP Eco Home CLP Power Hong Kong Limited 188 Sai Yeung Choi Street South Mongkok, Kowloon CLP Sham Shui Po Business Centre 1/F, 132 Pei Ho Street, Sham Shui Po (Junction of Tai Po Road and Pei Ho Street) 5
CLP Yuen Long Business Centre G/F, 13-17 Fung Nin Road, Yuen Long CLP Power Customer Service Centres For addresses, please visit https://www.clp.com.hk/en/my-home/customer-servicenetworks/customer-service-centres 2.8. Processing of Applications All applications will be handled by CLP while final approval will come from a Vetting Committee comprising various stakeholders from across the community who commits to promoting energy efficiency. 2.9. Vetting Procedure Step 1: Step 2: Step 3: Upon receipt of an application by CLP, an interim reply will be sent to the Applicant as a simple acknowledgement. Where necessary, CLP will request the Applicant to provide clarification or supplementary information. The application will be considered in the Vetting Committee s regular meeting (usually held on a quarterly basis). The Vetting Committee will either approve or reject the application, or request the Applicant to provide further information. The Vetting Committee will also consider the budget proposed and, where necessary, amend the budget details and set ceilings for individual expenditure items. After deliberation, CLP will promptly inform the Applicant of the Vetting Committee s decision. If further information is required, CLP will notify the Applicant. CLP will then circulate the Applicant s response to the Vetting Committee members, who will make a final decision either at their next regular meeting or by sending in their views to CLP without the need to meet. CLP will then notify the Applicant of the Vetting Committee s decision as soon as practicable. 6
2.10. Application Criteria 2.10.1. The Applicant should engage a Qualified Service Provider, who is either a) a Registered Professional Engineer in the Building Services, Electrical, Mechanical or Environmental discipline registered under the Engineers Registration Ordinance (cap. 409); or b) a corporate member of the Hong Kong Institution of Engineers in the Building Services, Electrical, Mechanical or Environmental discipline, who has no less than 1 year s relevant post-qualification work experience (i.e. local work experience in engineering design, installation, commissioning, inspection, testing or maintenance of building services installations) to set out in detail the full scope of the Project, including justification of its cost-effectiveness; monitoring of the procurement of capital items, goods and services; supervision of the Project; and certification of the completion reports, with particular regard to the completed works compliance with the respective Building Energy Codes. The completion reports shall be submitted in the prescribed format. 2.10.2. The building services installations covered by the Project shall comply with, or be even more energy-efficient than, the relevant energy efficiency standards stipulated in the Building Energy Codes (2012 or the latest edition, and the most updated edition shall prevail) issued by the Electrical and Mechanical Services Department of the HKSAR Government, upon completion of the Project. 2.10.3. Applicants that are not Owners Corporations should enter into a Term Maintenance Contract or Agreement for a minimum period of three years with a building services or electrical & mechanical engineering contractor who can provide preventive and corrective maintenance services for all building services installations covered by the Project. A signed, certified true copy of the Term Maintenance Contract or Agreement has to be submitted to CLP within the 6 months following completion of the Project. If it is not commercially feasible to procure a Term Maintenance Contract or Agreement for any approved building 7
services facility, the Applicant shall submit an exemption request to CLP together with justification and substantiation at least three months before the scheduled completion of the Project. CLP will review the exemption request and reply the Applicant within two weeks of receipt of the exemption request. 2.11. Vetting Criteria Broadly, the following criteria will be used in assessing the merits of each application Priority will be given to buildings fulfilling the following criteria: (a) (b) (c) (d) (e) (f) single-block residential buildings; aged; without any ancillary facilities (e.g. clubhouse); have not previously received funding for similar purpose (e.g. from Buildings Energy Efficiency Funding Schemes offered by Government); conducted an energy audit or similar assessment / applied for Comprehensive Scheme or Energy Use Aspect of Selective Scheme under BEAM Plus Scheme; to implement projects with higher energy saving effectiveness. Other criteria: (g) (h) (i) the Project must be non-profit-making in nature; the Project which has already started (i.e. with a contract awarded or confirmed), before the Vetting Committee has made its decision on the application, will not be considered. The Vetting Committee may, at its absolute discretion, consider other factors in addition to the criteria listed above. 8
2.12. Avoidance of Conflict of Interest To avoid possible conflict of interest, members of the Vetting Committee and representatives of CLP who are directly or indirectly related to or have an interest in an application, will be required to declare their interest in that application and may have to refrain from taking part in relevant deliberations by leaving the venue where such discussion is to take place. This will apply to members of both the Vetting Committee and CLP who live in the building under application, are part of the proposed Project team and/or belong to the applicant organisation. 2.13. Results Availability Under normal circumstances (i.e. all required documents have been submitted by applicants), applicants will normally be notified of the Vetting Committee s decision three months after submission of their application, depending on the Committee s schedule of meetings (usually held quarterly), the availability of the CLP Eco Building Fund, and if any additional information is required from the Applicant. 2.14. Application Withdrawal An Applicant can write to CLP to withdraw their application subject to obtaining consent from CLP. 2.15. Application Re-submission A declined application may be resubmitted only if it has been revised substantially or if the Applicant has been able to produce new evidence to address the comments made by CLP or the Vetting Committee in its earlier review. In completing the Application Form for a resubmitted application, the Applicant must set out clearly the differences between the resubmitted application and the original one. The revised application will be treated as a new application, and will be subject to the same assessment procedures as set out in the paragraphs above. 9
3. APPLICATION FORM 3.1. General Directions 3.1.1. All sections of the Application Form should be completed, with supporting documents supplied wherever required. Where the information sought is not applicable or not available, the Applicant should state N/A. 3.1.2. Applicants must give clear and concise information. Additional pages may be attached to the Application Form, if necessary. 3.1.3. An acknowledgement will be sent to the applicant organisation after receipt of its application. 3.2. Sections in the Application Form 3.2.1. Applicant Organisation An Applicant must state its full name in Chinese and English. The Applicant must be an Owners Corporation registered under the Building Management Ordinance (Cap. 344), an owners organisation or a residents organisation of a residential building. The Applicant should also provide documental proof of its establishment (e.g. a copy of its registration under the Building Management Ordinance (Cap. 344)). 3.2.2. Person-in-charge of the Project He / she could be: The chairman of the applicant organisation; A member of the applicant organisation, with written consent from the organisation; A representative of a property management company; or A Qualified Service Provider as specified in paragraph 2.10.1. above. The property management company or a Qualified Service Provider who submits an application on behalf of an applicant organisation and assumes the role of Project person-in-charge, should seek consent in writing from the Applicant and attach the relevant consent document to the Application Form. 10
3.2.3. Building Information The Applicant must state the name, address, age and type of the building, type and number of blocks applying for funding, electricity consumption records of the past 12 months, and details of any energy audit or similar assessment, if any, conducted for that building. 3.2.4. Qualified Service Provider The Applicant must state the name and qualifications of the Qualified Service Provider (with documental proof). 3.2.5. Project Duration The Applicant must state the expected commencement and completion dates of the Project. Specifically, improvement works must commence within the 12 months following a Project s approval date, and be completed no later than 24 months from the same date. 3.2.6. Estimated expenditure Estimated expenditure should cover expenses on procurement, delivery or installation of the building services installations covered by the Project. However, operational costs and recurrent maintenance costs of the building services installations should be the responsibility of the Applicant (Note: applicants that are not Owners Corporations should procure at their own cost maintenance services for at least three years for the building services installation/s covered by the Project). Estimated expenditure should clearly show breakdowns in unit cost, number of units, and the sub-total expenditure for each item. It should be noted that only energy-saving items will be funded by the CLP Eco Building Fund. 3.2.7. Funding from other sources The Applicant must specify, with details (including the source, amount and approval status), whether it has applied for, and whether or not it has received, funding from other sources (e.g. the Buildings Energy Efficiency Funding Schemes offered by the Government) for the installation/s covered by the Project. 11
Additionally, the Applicant s intention to seek funding from other sources should be stated if details are not available when their applications are submitted. The Applicant is required to immediately notify CLP if it decides to (also) seek funding from other sources after submission of its application for the CLP Eco Building Fund, and if its other application/s is/are approved. CLP and the Vetting Committee reserve the right to revise the level of funding granted for a particular Project in the event the Applicant (also) receives assistance from other sources following approval of its Project by the Vetting Committee. 3.2.8. Estimated revenue generated from the Project Estimated revenue gains from the Project (e.g. through resale of the building services installations to be replaced) should technically be deducted from the grant amount being applied for. If, however, this is not feasible, the Applicant should provide a full explanation. 3.2.9. Total grant amount applied Total grant amount applied for equals the estimated expenditure minus the amount of funding from other sources and the estimated revenue; the result to be divided by two, as the grant under the CLP Eco Building Fund will not exceed 50% of the actual expenditure, subject to a cap as appropriate. Please also refer to the funding limits as specified in paragraphs 2.4 and 2.5 above. 12
4. BUDGET GUIDELINES 4.1. General Each application must be accompanied by a detailed budget for the Project. All expenditure items must be procured between the commencement and completion dates of the Project, with original or certified copies of invoices and receipts retained for documentary proof. 4.2. Manpower The Applicant is expected to have the expertise to undertake, and ability to supervise, the proposed Project. Thus no funding will be granted for employment of additional supervisory/administrative staff to manage or assist with the Project. 4.3. Others 4.3.1. All the essential elements of an application will be considered in an integral manner. 4.3.2. All applications will be considered on their individual merits. Funding for operational costs and recurrent maintenance costs of the building services installations covered by the Project will not be granted under this funding scheme. 13
5. CONDITIONS FOR THE USE AND DISBURSEMENT OF FUNDS GRANTED 5.1. Contractual Requirements For each Project for which a grant has been approved, the recipient organisation must sign a Funding Agreement with CLP and comply with all the terms therein. In the event of non-compliance by the recipient organisation, CLP and/or the Vetting Committee reserve the right to suspend, terminate or rescind funding. See paragraph 5.10 for further details. 5.2. Use of Funds 5.2.1. Subject to other conditions as set out in this Guide, the funds granted shall not be used as payments to individual members of the public as a financial reward for their participation in any activity associated with the Project. 5.2.2. The proposed Project must accrue benefits to the district/local community as a whole, and not just an individual, a single private organisation or a consortium of private companies. 5.3. Disbursement of Funds 5.3.1. In principle, the funding will be disbursed on a reimbursement basis; that is to say, the recipient organisation must settle payment on its own before seeking reimbursement from the CLP Eco Building Fund. The actual disbursement, however, will depend on the cash flow requirements, the actual payments made, and the nature of each Project. The recipient organisation may nevertheless propose a disbursement plan for CLP s consideration. A maximum of 3 installments will be allowed in addition to the final 10% payout. Disbursement may be released to the recipient organisation subject to endorsement of the proposed payment plan and submission of supporting documents such as invoices and so forth. Recipient organisations must give at least 45 working days advance notice to CLP prior to their installment due date to allow sufficient time for payout processing. The final 10% of the approved grant will normally be released only after receipt of the Project completion report and the statement of accounts to 14
the satisfaction of CLP in accordance with the requirements set out in paragraphs 5.5 and 5.6 below. 5.3.2. All revenue received, regardless of whether it has been declared in the proposal, must be defrayed against the actual expenditure before calculating the amount to be disbursed as final payout. 5.3.3. The amount to be disbursed for each item in the budget will not exceed the amount approved for that item. Prior approval must be obtained from the Vetting Committee should there be any change in the approved amounts. 5.3.4. The grant amount shall not exceed 50% of the actual payment to be made in respect of a Project. Hence, if the actual payment made for a Project is less than that budgeted for in the application, the grant amount will accordingly be adjusted downwards. However, where the actual payment is likely to exceed the amount budgeted for in the application, any upward adjustment of the grant amount will be subject to prior approval from the Vetting Committee. 5.3.5. Any item that is not on the approved list of budget items will not be covered by the Fund. 5.3.6. Income derived from the Project during the Project period, such as sales of output or fee generated from activities of the Project, must be ploughed back by the recipient organisation into the Project account. 5.3.7. Auditing of Projects receiving a grant of HK$150,000 or less is not required, but CLP and/or the Vetting Committee reserve the right to verify all financial records retained by the recipient organisation in regard to the funding granted. 5.4. Procurement of Capital Items, Goods and Services 5.4.1. The applicant organisation must exercise utmost prudence in procuring goods or services for the Project, and must adhere to the following protocol unless the Vetting Committee has agreed otherwise 15
a) for every procurement the aggregate value of which is more than HK$5,000 but less than HK$10,000, tenders should be invited from at least two prospective suppliers; b) for every procurement the aggregate value of which is equal to or more than HK$10,000 but less than HK$200,000, tenders should be invited from at least three prospective suppliers; and c) for every procurement the aggregate value of which is equal or more than HK$200,000, tenders should be invited from at least five prospective suppliers. 5.4.2. The applicant organisation should select the supplier that has submitted the lowest bid for the approved item of the Project. a) If the applicant organisation wishes to select other bidder, who is among the bidders in the submitted list, full justification must be given to, and prior agreement obtained from, the Vetting Committee, either in Vetting Committee Meeting or via circulation, prior to selection of the other bidder. b) If the applicant organisation wishes to select other bidder, who is not among the bidders in the submitted list, retendering and application re-submission are required. It is treated as a new application. Nevertheless, during the application assessment, the amount of funding would be assessed based on the lowest bid of the energy saving parts irrespective of the bidder ultimately selected. In addition, unless prior approval has been obtained from the Vetting Committee, the recipient organisation should not engage in tender negotiations or any similar actions that may affect the result and fairness of the tendering process. 5.4.3. Where a applicant organisation intends to procure the items from a company/organisation/individual (Supplier) without following the procurement process set out in paragraph 5.4.1 above, it must provide details and justification, as well as declare its relationship with the Supplier, in the application form. If the application is approved, subsequent approval for 16
engaging that Supplier will not be required from the Vetting Committee. 5.4.4. CLP and/or the Vetting Committee reserve the right to accept or reject the tendering method used by applicant organisations. If the applicant organisation uses a marking scheme to assess tenders, the assessment criteria should be clearly stated in the tender document. 5.4.5. In procuring goods or services, the tender document should not for fairness sake specify the brands, models and places of manufacture of any item related to those goods and services. 5.4.6. The prospective suppliers shall list out the unit costs and the number of units of each item with respect to the energy saving parts in their submitted bid for reference by the Vetting Committee in approving funding. If the submitted bid(s) does not list out the unit costs and number of units of each item with respect to the energy saving parts, it will be considered as invalid. Under this circumstance, if applicant organization selects the invalid bid(s), funding will not be granted. 5.4.7. In cases where the Vetting Committee deems the quoted pricing in a particular tender to be unreasonable, it reserves the right to approve funding closer to market prices as assessed by CLP. 5.4.8. All quotations and tendering documents must be retained for inspection by CLP. The applicant organisation should also observe the Code of Practice on Procurement of Supplies, Goods & Services issued under the Building Management Ordinance (Cap. 344) for the guidance of Owners Corporations. 5.5. Completion Report 5.5.1. Ongoing Projects will be monitored and completed Projects will be reviewed by the Vetting Committee (or its delegates). CLP and/or the Vetting Committee may carry out on-site visits or surprise checks to examine the progress and achievements of a Project at any time and without prior notice to recipient organisations. 5.5.2. A completion report should be submitted to CLP within six months following completion of a Project. The report must be 17
certified by the Qualified Service Provider and signed off by the Project s person-in-charge. 5.5.3. The completion report should be submitted in the format prescribed in the Completion Report Form. 5.5.4. Recipient organisations are required to carry out a thorough post-implementation review on the effectiveness of the Project and reflect their findings in their completion report. 5.5.5. CLP may approach a recipient organisation for additional information to be included in the completion report if that is considered necessary. The balance of fund might be suspended if unsatisfactory results are exhibited. 5.5.6. Applicants that are not Owners Corporations should submit their completion report together with a signed and certified true copy of the Term Maintenance Contract or Agreement as specified in paragraph 2.10.3, unless prior exemption by the Vetting Committee has been granted. 5.6. Statement of Accounts 5.6.1. The recipient organisation must submit a complete statement of accounts to CLP within six months following completion of the Project or before the date specified in the Funding Agreement. If an extension of deadline is required, prior approval must be obtained from CLP and/or the Vetting Committee. 5.6.2. For any Project granted HK$150,000 or less, the recipient organisation must present a complete statement of accounts, together with the original or certified copies of invoices and receipts, showing how the funds were used. CLP and/or the Vetting Committee reserve the right to verify all financial records retained by the recipient organisation in regard to the funding granted. 5.6.3. For any Project granted more than HK$150,000, the recipient organisation s statement of accounts must be audited by certified public accountants (practising) within the meaning of section 2 of the Professional Accountants Ordinance (Cap 50), providing assurance that the audited accounts properly present 18
the financial position of the Project and that the conditions of the funding grant are met. 5.7. Use of Project Results The recipient organisation is required to grant CLP, unconditionally and irrevocably, the right to publish in the latter s communication materials, whether for internal or external readership, results, findings and any other information provided in its application and Project completion reports. 5.8. Title of Equipment and Capital Items 5.8.1. The Applicant shall have full ownership of, and responsibility for, all equipment and capital items procured using the Fund. 5.8.2. Any use of the capital items procured using the Fund to generate revenue (e.g. through resale), or the relocation of the capital items procured using the Fund within five years after completion of the Project must be approved by CLP or the Vetting Committee beforehand. 5.8.3. CLP and/or the Vetting Committee have the right to conduct surprise checks at any time after a Project s completion to ensure that the new equipment installed is not relocated, its usage does not deviate from its original purpose, or it has not been resold, without prior approval from CLP or the Vetting Committee. 5.9. Acknowledgement of Support and Disclaimer 5.9.1. The recipient organisation must acknowledge its partial source of funding by including the name CLP Eco Building Fund along with the Fund s logo in all publicity materials related to the Project. 5.9.2. The CLP Eco Building Fund logo may be featured on various categories of publicity materials with a view to promulgate CLP s contribution to the Project. Examples of publicity materials include: marketing leaflets/posters/banners; reports and publications of Project outcome; and advertisements on paper and in electronic media. 19
5.9.3. Use of the name CLP Eco Building Fund and its logo for any other purposes is subject to prior approval from CLP. 5.9.4. Under no circumstances shall the name CLP Eco Building Fund and its logo be used for commercial publicity or other purposes which may damage the image of CLP and/or cause it to incur any liability. 5.10. Suspension/ Termination/ Rescission of Funding 5.10.1. CLP or the Vetting Committee may suspend, terminate or rescind any or all of the funding earmarked for or disbursed to a recipient organisation for a Project, under the following circumstances: a) If the Project does not commence within 12 months following its approval date, and no explanation is given to the satisfaction of CLP or the Vetting Committee; b) If the Project is not, or will likely not be, completed within 24 months from its approval date, and no explanation is given to the satisfaction of CLP or the Vetting Committee; c) If CLP or the Vetting Committee deems the Project not to have progressed in the expected manner, and no explanation is given to the satisfaction of CLP or the Vetting Committee; d) If the recipient organisation fails to comply with the funding conditions as set out in this Guide and/or the approval letter and/or the Funding Agreement, and no explanation has been given to the satisfaction of CLP or the Vetting Committee; e) If the recipient organisation is or becomes unable to fund its share of the Project in accordance with the approved budget and payment schedule; f) If the recipient organisation becomes insolvent or is unable to pay its debts as and when they fall due; 20
g) If the usage or status of the newly installed equipment deviates from what was stated in the original application, or it has been relocated, or resold within five years of the completion of the Project without prior approval of CLP or the Vetting Committee; h) Any other similar circumstances as CLP or the Vetting Committee sees warranting such action. 5.10.2. In each of the above cases, whether suspension, termination, or rescission of funding granted, CLP or the Vetting Committee shall give one month s notice to the recipient organisation, stating the reasons for such withholding of support. In cases of suspension, the recipient organisation must be able to demonstrate that appropriate measures have been taken to rectify the problem(s) identified, before CLP or the Vetting Committee resumes funding, subject to further review. In cases of funding termination, any funding already disbursed must be immediately returned to CLP. 5.10.3. If a recipient organisation uses all or part of a grant for any purpose other than in accordance with the terms of the approved Project, the portion of the grant used for that illegitimate purpose must be immediately refunded by the recipient organisation to CLP. 5.10.4. Any major changes to a Project must be approved by CLP or the Vetting Committee prior to the implementation of those changes, which may include: a) Revision of budget (except for any downward adjustment of the budget as detailed in paragraph 5.3.4); b) Change of person-in-charge; or c) Deferral of submission of completion report or statement of accounts. 5.10.5. CLP or the Vetting Committee may suspend, terminate or rescind funding already earmarked for or disbursed to a recipient organisation if its Project is found to be operating under any of the circumstances outlined in paragraph 5.10.4, without CLP s or the Vetting Committee s prior approval. 21
5.10.6. Approval must be secured from CLP for any desired changes, whether major or minor, before these are implemented in a Project. 5.11. Ethical Practices 5.11.1. Applicant organizations should ensure their members, staff, contractors, employees and agents are prohibited from offering any advantage to staff of CLP or members of the Vetting Committee in connection with their applications for the Eco Building Fund or projects sponsored by the Fund. 5.11.2. All recipient organisations are required to adopt a policy of openness and fairness in the procurement process when running their funded Project. 5.11.3. Recipient organisations should ensure their members, staff, contractors, employees and agents are prohibited from soliciting or accepting any advantages, and require them to declare any conflict of interest, in connection with their funded Project. All declarations of interest relating to Projects funded by the Fund should be properly documented and submitted for inspection by CLP. 5.12. Others 5.12.1. Neither CLP nor the Vetting Committee shall be responsible, financially or otherwise, for any loss, damage or other liabilities (including direct or indirect loss of profits or loss of income or any other indirect or consequential loss or damage) arising from any of the Projects at any stage. 5.12.2. CLP may at any time amend or add to the above conditions, without prior notice to eligible parties, applicants or Fund recipient organisations. 22